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HomeMy WebLinkAbout2012-11-27 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 27, 2012 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Fosse, Boothroy, Tallman, Purdy, Goodman, Grier, Rocca, Knoche. The Mayor presented Outstanding Student Citizenship awards to Lincoln Elementary students: Marshall Blatz and Josie Leftwich. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Payne, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: November 13 Council Work Session; November 13 Special Council Formal Official & Complete. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Ad Hoc Diversity Committee — October 29; Board of Adjustment — October 10; Historic Preservation Commission — September 13; Historic Preservation Commission — October 11 (5:15); Historic Preservation Commission — October 11 (6:30); Housing & Community Development Commission — October 18. Permit Motions and Resolutions as Recommended by the City Clerk. (New): Class E Liquor License for Reif Oil Company dba Iowa City Fast Break, 2580 Naples Ave.; (Renewal): Class C Liquor License for Lusati, Inc., dba Quinton's Bar & Deli, 215 E. Washington St.; Class C Liquor License for Inc., Limited dba The Sanctuary Restaurant, 405 S. Gilbert St.; Class C Liquor License for Suzster, Inc., dba The Club Car, 122 Wright St.; Class C Liquor License for Blazin Wings, Inc., dba Buffalo Wild Wings Grill & Bar, 201 S. Clinton St. Suite 120; Special Class C Liquor License for Pagliai Pizza, LLC, dba Pagliai's Pizza, 302 E. Bloomington St.; Class C Liquor License for Perries, LLC, dba Clinton Street Social Club, 18'/ S. Clinton St. Resolutions and Motions: RES. 12 -492, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF MORTGAGE FOR THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA; RES. 12 -493, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO SUBORDINATION AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND GREAT WESTERN BANK, NORTH LIBERTY, IOWA FOR PROPERTIES LOCATED AT 2022 HANNAH JO COURT, 2030 HANNAH JO COURT, 705 -707 WESTGATE, 1232 ESTHER COURT, 2934 -2936 CORNELL, 125 S. LOWELL, 315 -317 CAMDEN, 2159 -2161 TAYLOR, 2327 -2329 COURT, 1201, 1221, 1241 MOSES BLOOM, 1267 -1269 SWISHER, 1287 -1289 SWISHER, 1301 MUSCATINE, IOWA CITY, IOWA; RES. 12 -494, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1015 DIANA STREET, IOWA CITY, IOWA; RES. 12 -495, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT Complete Description November 27, 2012 Page 2 BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 609 MANOR DRIVE, IOWA CITY, IOWA; RES. 12 -496, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 323 FAIRVIEW, IOWA CITY, IOWA; RES. 12 -497, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA FOR PROPERTY LOCATED AT 1963 CHELSEA COURT, IOWA CITY, IOWA; RES. 12 -498, AUTHORIZING THE EXECUTION OF A MARKETING AGREEMENT WITH THE IOWA CITY DOWNTOWN DISTRICT; RES. 12 -499, ACCEPTING THE DEDICATION OF AND AUTHORIZING THE MAYOR TO ENTER INTO A PERMANENT WATER MAIN EASEMENT AGREEMENT WITH THE UNIVERSITY OF IOWA FOR THE IOWA RIVER WATER MAIN CROSSINGS PROJECT; RES. 12 -500, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT #2 TO THE JANUARY 25, 2011 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND H.R. GREEN TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCKY SHORE DRIVE PUMP STATION AND FLOOD GATE PROJECT; RES. 12 -501, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH MIDWESTONE BANK FOR PROPERTY LOCATED AT 894 MCCOLLISTER COURT; RES. 12 -502, DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 FOR THE 2012 END OF YEAR CERTIFICATION OF URBAN RENEWAL PROJECTS; RES. 12 -503, AMENDING THE AFSCME PAY PLAN BY RECLASSIFYING THE POSITION OF RECEPTIONIST — SENIOR CENTER FROM GRADE 1 TO GRADE 2; RES. 12 -504, AMENDING THE BUDGETED POSITIONS IN THE IOWA CITY POLICE DEPARTMENT BY ADDING TWO FULL -TIME POLICE OFFICERS POSITIONS; RES. 12 -505, SETTING A PUBLIC HEARING ON DECEMBER 4, 2012 ON PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE OVER RALSTON CREEK PROJECT (F /K/A ROCHESTER AVENUE BRIDGE RECONSTRUCTION PROJECT), DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Melvin Lorenzo Kelly regarding Emergency Evacuation Plans; Sandie Eskin regarding North Liberty Pet Ordinance [Staff response included]; Melvin Lorenzo Kelly regarding Wasteful Spending in Homelessness; Sydney Ingram; McKenzie Fluaitt regarding House Parties [Staff response included]; Pax Puran regarding Kirkwood Ave. and South Summit Intersection [Staff response included]; Brandon Juniel regarding Curfew Ordinance [Staff response included]; Melvin Lorenzo Kelly regarding Neighborhood Crime Watch; Jonathan Bluemke, Nancy Reimer regarding Requesting a New City Ordinance regarding landlord misconduct [Staff response included]; John Stamler regarding Traffic Cameras. [Staff response included]; Joe Reilly, Jim Schlott, Nathalie Carlson, Brion Hurley, Amanda Froese, James Ponto regarding Gilbert Street / College Street development proposals. Complete Description November 27, 2012 Page 3 Matt Ohloff, 827 E. Market St., requested Council consider a resolution concerning labeling genetically engineered foods. Moved by Mims, seconded by Payne, to accept correspondence from Mr. Ohloff. Moved by Throgmorton, seconded by Mims, to set a public hearing for December 18, 2012, on an ordinance amending the Planned Development Overlay Medium Density Single - Family (OPD -8) plan for 6.53 acres of land located at Camp Cardinal Boulevard, Ryan Court, and Preston Lane to change townhouse style units to zero lots line dwellings (REZ12- 00024). Moved by Mims, seconded by Champion, to set a public hearing for December 18 on an ordinance designating the Jefferson Street National Register Historic District as a Historic Overlay (OHP) Zone (REZ12- 00027). Council Member Payne abstained from the following vote due to a conflict of interest. Moved by Champion, seconded by Dickens, to set a public hearing for December 18, 2012, on an ordinance conditionally rezoning .22 acres of land located at 221 and 225 North Linn Street and the adjacent..07 acre lot associated with the MidAmerican substation from Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2). (REZ12- 00028). The Mayor declared the motion carried unanimously, 6/0/1, with Payne abstaining. A public hearing was held on an ordinance conditionally rezoning approximately 1.02 acres of land located on 1 st Avenue north of Rochester Avenue from Low Density Single Family Residential(RS -5) to Low - Density Multi - Family Residential (RM -12) (REZ12- 00025). The Mayor requested Council Members report any ex parte communications and none were reported. PCD Dir. Davidson presented a power point. Ed Wasserman, 555 n. First Ave., appeared. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens to accept correspondence from Sue Forde. Moved by Champion, seconded by Payne, that the ordinance conditionally rezoning approximately 1.02 acres of land located on 1 st Avenue north of Rochester Avenue from Low Density Single Family Residential (RS-5) to Low - Density Multi - Family Residential (RM -12) (REZ12- 00025), be given first vote. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Dickens, Hayek, Mims, Payne, Throgmorton, Champion. Nays: Dobyns. Moved by Payne, seconded by Dickens, that the ordinance amending the Planned Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022), be given second vote. Moved by Dobyns, seconded by Champion, to move up item 16 on the agenda for discussion at the same as # 5g.. Moved by Dobyns, seconded by Mims, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and that ORD. 12 -4500, CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM - DENSITY MULTI - FAMILY (RM -20) (REZ12- 00023), be voted on for final Complete Description November 27, 2012 Page 4 passage at this time. The Mayor reported ex parte communications with the City Attorney and City Manager regarding the procedure and request to combine. No other ex parte communications were reported. Moved by Mims, seconded by Champion, that the ordinance be finally adopted at this time. Moved by Mims, seconded by Payne, to adopt RES. 12 -506, AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT OF THE APPLICATION OF IOWA CITY SENIOR APARTMENTS, L.P. FOR LOW INCOME HOUSING TAX CREDITS (LIHTC) TO CONSTRUCT A MULTI -UNIT SENIOR RESIDENTIAL PROJECT AT 1030 WILLIAM STREET AND COMMITTING LOCAL FUNDS TO THE PROJECT. Moved by Dobyns, seconded by Champion, to move up item 10 on the agenda for discussion with item # 5g, and action after item # 5g. Moved by Champion, seconded by Payne, that the ordinance amending Title 14, Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens, be given second vote. Individual Council Members expressed their views. The following individuals appeared: Ed Sobolewski, 746 Juniper Dr.; Martha Norbeck, 906 S. 7th Ave.; Mary Jo Daly, 532 Meadow St.; Jarrett Mitchell, 304 S. Summit St.; Shannon Gassman, 741 S. 7th Ave.; Judith Pascoe, 317 Fairchild St.; Don Anciaux, 2119 Russell Ave; Drew Dillman, 845 Normandy Dr.; The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Throgmorton, Champion, Dobyns, Hayek, Mims. Nays: Payne, Dickens. Moved by Dobyns, seconded by Mims, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process for urban chickens, be given second vote. City Atty. Dilkes stated that as a result of Council work session discussion the ordinance would need to be amended to reflect the three year permit rather than one year and therefore would need to be given first consideration at this time. Dobyns and Mims amended the motion on the floor to reflect first consideration. Individual Council Members expressed their views. The Mayor declared the motion for first consideration as amended, carried, 5/2, with the following division of roll call vote: Ayes: Throgmorton, Champion, Dobyns, Hayek, Mims. Nays: Payne, Dickens. Moved by Mims, seconded by Payne, to accept correspondence from Brien Hemann, Mary Strum, Russell Haught, Pat Knebel, Shannon Gassman, Sarah McElligott, Trish Nelson, Tammia Prottsman, Martha Norbeck, Fred Meyer, Elizabeth Cummings, Sondy Kaska, Matt Krieger. Moved by Champion, seconded by Dickens, that ORD. 12 -4501, REZONING 1.1- ACRES OF LAND LOCATED AT 2225 MORMON TREK BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2) (REZ12- 00020), be passed and adopted. A public hearing was held on the ordinance amending an Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2012 Edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City and providing for the issuance of permits. No one appeared. Complete Description November 27, 2012 Page 5 Moved by Dobyns, seconded by Payne, that the ordinance amending an Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2012 Edition of the International. Fire Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, -materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Iowa City and providing for the issuance of permits, be given first vote. A public hearing was held on a resolution authorizing conveyance of a single family home located at 654 South Lucas Street. No one appeared. Moved by Mims, seconded by Payne, to adopt RES. 12 -507, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET. A public hearing was held on a resolution approving plans, specifications, form of contract, and estimate of cost for the construction of the Public Works - Fuel Facility Project, establishing amount of bid security to accompany each bid, directing City Clerk to publish notice to bidders, and fixing time and place for receipt of bids. No one appeared. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -508, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. A public discussion was held on the resolution proceeding with Taft Speedway Levee Project Alternate 7. Public Works Dir. Fosse resent for discussion. The following individuals appeared: Greg Geerdes, 890 Park Place; Wally Taylor, atty. representing people along Taft Speedway; Regenia Bailey, 310 Reno St.; Joe Holland, atty. representing people in Idyllwild; Cindy Roberts, 2034 Grantwood; James White, 121 Taft Speedway; Mary Murphy, 890 Park Place; Dale Simon, 46 Pentire Circle; Drew Dillman, 845 Normandy Dr.; Cathy Wilcox, 119 Taft Speedway; Joni Kinsey, 602 Granada Ct.; Judy Dillman, 845 Normandy Dr.; Martha Norbeck, 906 S. 7th Ave.; and Laurel Bar, 609 Granada Ct. Moved by Payne, seconded by Dobyns, to adopt a resolution proceeding with Taft Speedway Levee Project Alternate 7. Individual Council Members expressed their views. The Mayor declared the resolution defeated, 2/5, with the following division of roll call vote. Ayes: Hayek, Dickens. Nays: Mims, Payne, Champion, Dobyns, Throgmorton. Moved by Dobyns, seconded by Dickens, to adopt RES. 12 -509, TO PROCEED WITH RE- ROUTING OFFSITE DRAINAGE FROM THE IDYLLWILD SITE AND NOT TO PROCEED WITH THE TAFT SPEEDWAY LEVEE PROJECT. Public Works Dir. Fosse present for discussion. Moved by Throgmorton, seconded by Mims, to accept correspondence from Michael Crawford, Gregg Geerdes, Drew Dillman, Terri Miller Chait, Sonia Ettinger, Erin Irish, Sally Cline, Gene Szymkowiak, Ann Nevin, Rebecca Porter, Jane Dohrmann, Scott Smith, Clay Claussen, Joey Walker. Moved by Mims, seconded by Champion, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control' and Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled Complete Description November 27, 2012 Page 6 "Parks and Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in sidewalk cafes, and to allow dogs to be off leash in all dog parks, be given second vote. Individual Council Members expressed their views. Mary Jo Daly, 532 Meadow St., appeared. The Mayor declared the motion carried, 6/1, with the following division of roll call vote. Ayes: Payne, Champion, Dickens, Dobyns, .Hayek, Mims. Nays: Throgmorton. Moved by Payne, seconded by Dobyns, to accept correspondence from Keene Swett, Bonnie Love, and Wayne Bowman. Moved by Payne, seconded by Dobyns, that the ordinance amending Title 3, Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties, Section 3, Potable Water Use and Service, Section 4, Wastewater Treatment Works User Charges, and Section 5, Solid Waste Disposal, to increase the deposit for utility accounts; amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 5, establishing city utility accounts; deposits required, to hold deposits until accounts are closed; and amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 6, Billing and Collection Procedures; Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given second vote. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors," to change the duration of a mobile vending permit from one year to three years and to limit the ownership interest to three "carts, be given second vote. Moved by Dobyns, seconded by Mims, to accept correspondence from Anthony Browne. Moved by Dobyns, seconded by Payne, that the ordinance providing that general property taxes levied and collected each year on all property located within that area added to the City- University Project 1 Urban Renewal Area pursuant to the Tenth Amendment thereto in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the City- University Project 1 Urban Renewal Plan, be given first vote. Moved by Mims, seconded by Payne, that the ordinance amending Title 5, entitled "Business and License Regulations," Chapter 1, entitled "General Licensing Provisions" and Chapter 2, entitled "Taxicabs" to require a distinctive color scheme for all vehicles driven by a company; require location of a dispatch office to be in Iowa City or Coralville city limits and allow flexibility for dispatching from the office; restrict new companies to starting June 1 of each year; clarify language regarding vehicle lettering, and require driver identification to be posted in the vehicle facing the passengers, be given first vote. The following individuals appeared: Dennis Doderer; Hany Hamza, 1034 Westside Dr., Red Line Cab; Lee Willberg, 1115 St. Clements Alley, Big Ten Ardvark; Stephen Stonebreaker, 937 Springridge Dr.; Roger Bradley, Yellow Cab; Samuel Kennen, Pink's. Individual Council Members expressed their views. Moved by Mims, seconded by Dickens, to accept correspondence from Nazar Osman. The Mayor noted the previously announced vacancies to Boards and Commissions: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, Complete Description November 27, 2012 Page 7 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term). Applications must be received by 5:00 p.m., Wednesday, November 28, 2012. Board of Appeals for a Home Builders Association Representative; Or a qualified trade representative, if after 3 months no professional applies or is appointed, to fill a five -year term January 1, 2013 - December 31, 2017; Board of Adjustment for a five -year term, January 1, 2013 — January 1, 2018; Public Art Advisory Committee for a three -year term, January 1, 2013 — January 1, 2016; Parks and Recreation Commission for two vacancies to fill four -year terms, January 1, 2013 — January 1, 2017. Due to a publication error, the vacancies will be readvertised and applications will be accepted until December 12th and appointment deferred to December 18th Senior Center Commission for a three -year term, January 1, 2013 — December 31, 2015. This appointment for an at -large member, who is an eligible elector of Johnson County Iowa but not a resident of the City of Iowa City, will be appointed by majority vote of the six City Council appointees to the Commission. Applications must be received by 5:00 p.m., Wednesday, December 12, 2012. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Council Member Dickens reminded citizens of the Snowflake Walk Friday evening November 30 followed by the Celebrate the Seasons event Saturday, December in downtown. He stated he would be talking with a boy scout troop Wednesday evening. Moved by Payne, seconded by Mims, to adjourn meeting at 10:45 p.m. 0�" 4 Matthew J. Hayek, Mayor 2,2� Z� -:2e�� Marizan K. Karr, City Clerk I?o CITY OF IOWA CITY -�- MEMORANDUM Date: November 20, 2012 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Council Work Session, November 13, 2012, 5:00 PM in Emma J. Harvat Hall Council: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton UISG: Uttermark 11 -27 -12 3a(1) Staff: Markus, Fruin, Bentley, Dilkes, Karr, O'Malley, Davidson, Dulek, Fosse, Havel, Rocca, Moran, Boothroy, Goodman, Long (A complete transcription and power point presentations are available in the City Clerk's Office and the City website) QUESTIONS FROM COUNCIL RE AGENDA ITEMS 1. (Consent Calendar item # 4f(6) — correspondence ... Taxicab Issues ...) In response to Council Member Dobyns, City Clerk Karr the item is scheduled for discussion later in the work session agenda. 2. (Consent Calendar item # 4d(16) — resolution ... establishing policy ... electronic imaging ... destruction of records and documents in the City Clerk's office) In response to Council Member Throgmorton, City Clerk Karr stated she would report back on the digital backup schedule. 3. (Consent Calendar item # 4f(9) — correspondence ... appreciation for City Channel 4's community programming ....) In response to Mayor Pro tern Mims, City staff will provide information on the viewing schedule for the program. 4. (Agenda item # 9, ordinance amending Title 8 .... urban chicken ....) Council Member Dobyns noted correspondence from Paula Swygard, who wrote as a citizen and not as a Planning and Zoning Commission member) and stated he did chat with her. 5. (Agenda item # 12 — ordinance amending Title 10 ... mobile vendors ... to change duration ... and limit ownership interest ....) Adm. Asst. to the City Manager Bentley responded to questions. 6. (Agenda items # 6f and # 9 - ... urban chicken ordinances ....) Mayor Hayek stated his intent to encourage discussion of both items at the first public hearing, noting anything new could also be added later as part of item #9's public hearing. HIS Dir. Boothroy present for discussion. COUNCIL APPOINTMENTS (Agenda Item # 19) Board of Appeals — reappoint Andrea French Readvertise one for gender balance Council Work Session November 13, 2012 Page 2 Board of Adjustment — No applicants, readvertise Human Rights Commission — Reappoint Harry Olmstead Appoint Joe Dan Coulter and Katie Anthony Public Art Advisory Committee — No applicants, readvertise Senior Center Commission — Reappoint Charles Felling Appoint Kathy Mitchell Readvertise one City Council Economic Development Committee alternate — No action STATE LEGISLATIVE UPDATE FROM THE DAVIS, BROWN LAW FIRM [IP #3 and 4d(17)] Atty. Tom Stanberry, representing the Davis, Brown law firm provided an update. HAZMAT DISCUSSION [IP #41 Fire Chief Rocca introduced Dave Wilson, Emergency Management Agency Coordinator who presented a power point. ACTION: Proceed as outlined. (Rocca) SEPARATE REQUIREMENTS FOR DRINKING ESTABLISHMENTS [IP # 51 City Atty. Dilkes facilitated discussion. Majority directed staff to examine eliminating requirements for drinking establishments outside the core area of the City and submit to Planning & Zoning Commission for recommendation back to Council. ACTION: Proceed as directed. (Davidson) TAXICAB ORDINANCE CHANGES [Agenda # 4f(6)] City Clerk Karr facilitated discussion. Majority directed staff to prepare an ordinance incorporating the changes as outlined in the memo. ACTION: Proceed with ordinance for November 27 agenda. (Karr) INFORMATION PACKET DISCUSSION [October 25, November 1, 8] October 25 1. (IP3 - Copy of letter from Asst. Transportation Planner: Court Street Traffic Calming) In response to Council Member Dobyns, PCD Dir. Davidson reported staff would report to Council when the results of the survey were completed. November 1 1. (IP2 — Memo form the City Manager: Retirement of Kevin O'Malley, Finance Director) In response to Council, City Clerk Karr and City Manager Markus confirmed a January 31 retirement date. Council Work Session November 13, 2012 Page 3 *12/13/12 REVISED 2. (IP4 — Diversity Committee Public Information Gathering Session) Mayor Pro tem Mims noted the public input meeting and suggested it be announced later at the formal meeting. November 8 1. (Memo from City Clerk: Additional Meeting Requests) Council Members confirmed the possibility of meeting with area legislators at 7:30 a.m. on January 3; and Council appointees evaluations at 1:00 p.m. on December 7. 2. (Memo from City Clerk: KXIC Radio Show) Council Members agreed to the following schedule: November 14 — Dickens November 21 - Hayek November 28 - Throgmorton December 5 - Dickens December 12 - Dobyns December 19 - Payne December 26 — NO ONE AVAILABLE January 2 — Mims COUNCIL TIME 1. UISG Rep. Uttermark announced he has accepted a position in the Des Moines internship program and would be spending spring semester in Des Moines. Alternate *Alec Bramel will begin phasing into UISG liaison duties and serve for the remainder of the year. 2. Mayor Hayek thanked Council Member Dobyns and Mayor Pro tem Mims for their work in reviewing the Gilbert Street / College Street development proposals. PENDING WORK SESSION TOPICS [IP #51 Council Member Throgmorton requested that a presentation on local homeless services be scheduled for a future work session and be added to the pending list. Majority agreed. Possible presenters included Christy Canganelli form the Shelter House and Joan Vanden Berg Mayor Hayek suggested a staff memo regarding groups addressing homelessness and City funding history. MEETING SCHEDULE [IP #6, 7] Previously discussed under Council Time. UPCOMING COMMUNITY EVENTS /COUNCIL INVITATIONS Mayor Hayek thanked City staff and Council Members for all the efforts and preparation to meet with Blue Zone representatives regarding Iowa City designation; and reported on his attendance at the Johnson County Military Affairs Association dinner in observation of Veterans Day. Meeting adjourned 6:30 PM. Council Work Session November 13, 2012 Page 3 2. (IP4 Diversity Committee Public Information Gathering Session) Mayor Pro tern Mfts noted a public input meeting and suggested it be announced later at the f al meeting. November 8 1. (Memo f\evalu lerk: Additional Meeting Requests) Council Members c firmed the possibilitng with area legislators at 7:30 a.m. on January 3• and Council appointeons at 1:00 p.m. on De cember 7. 2. (Memo from City Clel, KXIC Radio Show) Council Members agreed to the following schedule: \ / November 14 — Dicm ns November 21 - Hayek November 28 - Throgm \onn December 5 - Dickens December 12 - Dobyns December 19 - Payne December 26 — NO ONE AVAI January 2 — Mims COUNCIL TIME 1. UISG Rep. Uttermark announced he has internship program and would be spending Alec Baldwin will begin phasing into UISG' the year. 2. Mayor Hayek thanked Council Memre Dobyi in reviewing the Gilbert Street / Colle Street PENDING WORK SESSION TOPICS [I a position in the Des Moines - mester in Des Moines. Alternate Wes and serve for the remainder of and MaAr Pro tem Mims for their work Council Member Throgmorton reques d that a presentation on local ho less services be scheduled for a future work session ,And be added to the pending list. IV y agreed. Possible presenters included Chripty Canganelli form the Shelter House an oan Vanden Berg. Mayor Hayek suggested a staff emo regarding groups addressing homeles T s and City funding history. MEETING SCHEDULE [IP 96, 71 Previously discussed un or Council Time. UPCOMING COMMU ITY EVENTS /COUNCIL INVITATIONS Mayor Hayek than d City staff and Council Members for all the efforts and preparation with Blue Zone r resentatives regarding Iowa City designation; and reported on his atte at the Johnson ounty Military Affairs Association dinner in observation of Veterans Day. Meeting adjo)drned 6:30 PM. UP) Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. The cost of publishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is $_ OFFICIAL COUNCIL ACTIONS — 11/13/12 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. The Mayor proclaimed: Veterans Remembrance Day — November 11; Hunger and Homelessness Awareness Week — November 11 -17, Christy Canganelli, representing Local Homeless Coordinating Board, accepting. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Avery Shrader (unable to attend) and Andrew Andersen. Unless otherwise noted, all actions were affirmative and unanimous. Moved and seconded that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 23 Council Work Session; October 23 Special Council Formal Official & Complete (x2). Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Ad Hoc Diversity Committee — October 15; Ad Hoc Diversity Committee — October 22; Airport Commission — September 20; Civil Service Commission — October 30; Housing & Community Development Commission — September 20; Planning & Zoning Commission — September 20; Planning & Zoning Commission — October 4; Telecommunications Commission — September 24. Permit Motions and Resolutions as Recommended by the City Clerk: (New) Class C Liquor License for Brix,209 N. Linn St.; Class E Liquor License for Kum & Go #51, 323 E. Burlington St.; Class E Liquor License for Kum & Go #52, 25 W. Burlington St.; Class C Liquor License for Rice Village. 223 E. Washington St. (Renewal): Class C Liquor License for The Pit Smokehouse, 130 N. Dubuque St.; Class E Liquor License for Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class E Liquor License for Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class C Liquor License for Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112; Outdoor Service Area for Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112; Special Class C Liquor License for India Cafe, 227 E. Washington St.; Class C Beer Permit for Aldi, Inc. #67, 1534 S. Gilbert St.; Class B Liquor License for Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St.; RES. 12 -463, TO ISSUE DANCE PERMIT to Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Resolutions and Motions: RES. 12 -464, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 225 IOWA AVENUE, IOWA CITY, IOWA; RES. 12 -465, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH CORRIDOR STATE BANK FOR PROPERTY LOCATED AT 109 E. COLLEGE STREET; RES. 12 -466, Official Actions November 13, 2012 Page 2 AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 12 -467, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1822 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 12 -468, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA; RES. 12 -469, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 710 MILLER AVENUE, IOWA CITY, IOWA; RES. 12 -470, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 509 CHURCH STREET, IOWA CITY, IOWA; RES. 12 -471, ACCEPTING THE WORK FOR THE 2011 PARKING RAMP REPAIRS PROJECT; RES. 12 -472, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.)[STP- U- 3715(654)-- 70 -52]; RES. 12 -473, ACCEPTING THE WORK FOR THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT; RES. 12 -474, ACCEPTING THE WORK FOR THE BURLINGTON / US HIGHWAY 6 BRIDGES FLOOD REPAIR PROJECT [ER- 3715(642)- -8R -52 & ER- 3715(641)-- 8R -52]; RES. 12 -475, ACCEPTING THE WORK FOR THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT; RES. 12 -476, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN, PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY -TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -477, APPROVING THE FISCAL YEAR ENDING 2012 ANNUAL URBAN RENEWAL AREA REPORT; RES. 12 -478, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH LEPIC - KROEGER REALTORS TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE PARK; RES. 12 -479, ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE; RES. 12 -480, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P. C. TO PROVIDE LOBBYING SERVICES. Public Hearings: Setting a public hearing on November 27, 2012 to receive public comments regarding an ordinance adopting the 2012 Edition of the Official Actions November 13, 2012 Page 3 International Fire Code with local amendments; RES. 12 -481, SETTING PUBLIC HEARING FOR NOVEMBER 27, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET; RES. 12- 482, SETTING A PUBLIC HEARING ON NOVEMBER 27, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Acting Traffic Engineering Planner regarding Removal of the existing passenger loading zone from the east side of the 10 block of S. Johnson Street — restoring normal odd /even calendar parking; Traffic Engineering Planner regarding Installation of NO PARKING 8 AM — 5 PM MON - FRI signs on the east side of the 400 block of 2nd Avenue; Traffic Engineering Planner regarding Install NO PARKING HERE TO CORNER and NO PARKING CORNER TO HERE signs on the north side of River Street to the east and west of the intersection with Magowan Avenue; Melvin Lorenzo Kelly regarding Homelessness, Housing Authority and HUD; James J. White (x2); Michael Crawford; Marilyn Rosenquist; Cindy Roberts; Kurt Kimmerling regarding Taft Speedway Floodwall (Levee); Hany Hamza x2 (Red Line owner), David Tiet (Big Ten - Aardvark owner), Mark Paterno (Marco's owner), Roger Bradley (Yellow Cab manager), Mohamed Hassanein (Five Stars owner); Aric Hopkins, (Old Capitol Independent owner) regarding Taxicab Issues. [Staff response included]; Melvin Lorenzo Kelly regarding Hurricanes and Tornadoes; Del Holland Audrey Wiedemeier, Sheldon Baker regarding Sharrows on Gilbert St.; Christina Canganelli and Carrie Norton regarding Appreciation for City Channel 4's Community Programming Division and Ty Coleman; Janice Horak regarding appreciation for community event funding for Community String Orchestra; Matt Ohloff regarding Food & Water Watch; David Kimm Fesler regarding Fesler; Howard and Jo Hensch regarding Support of Senior Center; Michael Haring regarding Iowa City Juvenile Curfew Ordinance; Melvin Lorenzo Kelly regarding Poverty in America 2013; Brian Loring regarding Thank you for Think Bicycles. Linda Watkins, 2017 Rochester Avenue, appeared requesting a policy for an exception for sewer charges during extreme drought conditions. Moved and seconded to accept correspondence. Kelli Schneider, 3201 Raven St., appeared requesting parking be restricted to one side of Raven Street. Moved and seconded to accept correspondence. Mary Gravitt, 2714 Wayne #6, appeared regarding transit concerns. Moved and seconded to set a public hearing for November 27 on an ordinance conditionally rezoning approximately 1.02 acres of land located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential(RS -5) to Low - Density Multi - Family Residential (RM -12) (REZ12- 00025). A public hearing was held on a resolution amending the Comprehensive Plan to change the future land -use map designation from Office Research Park to Low - Density Multi - Family Residential (8 -16 dwelling units per acre) for a 27 -acre area bounded by Camp Cardinal Road to the east, the Cardinal Pointe South Subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the west, subject to the text of the Official Actions November 13, 2012 Page 4 plan noting that environmentally - sensitive areas and limited street access may result in development at a lower density (CPA12- 00003). Moved and seconded to adopt RES. 12 -483, AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND -USE MAP DESIGNATION FROM OFFICE RESEARCH PARK TO LOW- DENSITY MULTI - FAMILY RESIDENTIAL (8 -16 DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA BOUNDED BY CAMP CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE SOUTH SUBDIVISION ALONG RYAN COURT TO THE NORTH, AND CAMP CARDINAL BOULEVARD TO THE WEST, SUBJECT TO THE TEXT OF THE PLAN NOTING THAT ENVIRONMENTALLY - SENSITIVE AREAS AND LIMITED STREET ACCESS MAY RESULT IN DEVELOPMENT AT A LOWER DENSITY. A public hearing was held on a resolution amending the Central District Plan to change the land -use designation from Low to Medium Density Multi - Family to Single - Family and Duplex Residential for properties located at 905, 909 and 911 North Governor Street and a property between 906 North Dodge Street and 910 North Dodge Street (CPA12- 00004). Mike Wright, 225 N. Lucas, appeared. Moved and seconded to adopt RES. 12 -484, AMENDING THE CENTRAL DISTRICT PLAN TO CHANGE THE LAND -USE DESIGNATION FROM LOW TO MEDIUM DENSITY MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX RESIDENTIAL FOR PROPERTIES LOCATED AT 905, 909 AND 911 NORTH GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH DODGE STREET AND 910 NORTH DODGE STREET (CPA12- 00004). A public hearing was held on an ordinance amending the Planned Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022). Steve Gordon, AM Management appeared. Moved and seconded that the ordinance amending the Planned Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022), be given first vote. A public hearing was held on an ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023). Ben Porush, representing Three Diamond Development, appeared. Moved and seconded that the ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023), be given first vote. A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens. The Mayor announced that comments related to item # 9, amending the City Code to establish a permit process for urban chickens, would be considered with this item. The following individuals appeared: Shannon Gassman, 741 S. 7th Ave.; Jay Honohan, 1510 Somerset Lane; KT Labadie, 708 Woodside Dr.; Kathy Dumont, 1829 F St.; Don Anciaux, 2119 Russell Dr., Katie Imborek, 408 MacBride Rd.; Rachel Gold; Jack Official Actions November 13, 2012 Page 5 Conklin. Moved and seconded to accept correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, and Brian Richman. Moved and seconded that the ordinance amending Title 14, Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens, be given first vote. The Mayor declared the motion carried, 5/2. Moved and seconded that the ordinance rezoning 1.1 -acres of land located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community Commercial (CC -2). (REZ12- 00020), be given second vote. Moved and seconded to adopt RES. 12 -485, APPROVING THE FINAL PLAT OF ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA (SUB12- 00011). A public hearing was held on a resolution authorizing conveyance of a single family home located at 2538 Nevada Avenue. Moved and seconded to adopt RES. 12 -486, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE. A public hearing was held on a resolution authorizing conveyance of a single family home located at 656 South Lucas Street. Moved and seconded to adopt RES. 12 -487, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS STREET. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process for urban chickens, be given first vote. The Mayor announced that comments related to item # 6f, amending the City Zoning Code for structure for keeping urban chickens, would be considered with this item. The Mayor declared the motion carried, 5/2. Moved and seconded to accept correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, Brian Richman. Moved and seconded that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control' and Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled "Parks and Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in sidewalk cafes, and to allow dogs to be off leash in all dog parks, be given first vote. Moved and seconded that the ordinance amending Title 3, Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties, Section 3, Potable Water Use and Service, Section 4, Wastewater Treatment Works User Charges, and Section 5, Solid Waste Disposal, to increase the deposit for utility accounts; amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 5, establishing city utility accounts; deposits required, to hold deposits until accounts are closed; and amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 6, Billing and Collection Procedures; Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given first vote. Official Actions November 13, 2012 Page 6 Moved and seconded that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors," to change the duration of a mobile vending permit from one year to three years and to limit the ownership interest to three carts, be given first vote. Moved and seconded to adopt RES. 12 -488, ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 10 -67. Moved and seconded to adopt RES. 12 -489, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL #610, TO BE EFFECTIVE JULY 1, 2013 THROUGH JUNE 30, 2016. Moved and seconded to adopt RES. 12 -490, DIRECTING SALE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D. Moved and seconded approving Continuing Disclosure Certificate. Moved and seconded to adopt RES. 12 -491, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS. The Mayor noted the previously announced vacancies for Boards and Commissions: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 - December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 - December 31, 2017 (New full term). Applications must be received by 5:00 p.m., Wednesday, November 28, 2012. The Mayor noted the current vacancies: Parks and Recreation Commission for two vacancies to fill four -year terms, January 1, 2013 - January 1, 2017. Due to a publication error, the vacancies will be readvertised and applications will be accepted until December 12th and appointment deferred to December 18th. Applications must be received by 5:00 p.m., Wednesday, December 12, 2012. Moved and seconded to make the following appointments: reappoint Andrew French, 531 1St Avenue, to the Board of Appeals for Licensed Plumber or a qualified trade representative - December 31, 2017; reappoint Harry Olmstead, 1951 Hannah Jo Court, and appoint Joe Coulter, 1818 N. Dubuque Street, and Katie Anthony, 23 Wakefield Court, to the Human Rights Commission to fill three -year terms, January 1, 2013 - January 1, 2016; reappoint Charles Felling, 825 South 7th Avenue, and appoint Kathy Mitchell, 722 Iowa Avenue, to the Senior Center Commission to fill three -year terms, January 1, 2013 - December 31, 2015. The Mayor noted that no applications were received and /or gender balance requirement not met for the following vacancies and all will be readvertised: Board of Appeals for one Home Builders Association Representative; if after 3 months no professional applies or is appointed, to fill five -year terms January 1, 2013 - December 31, 2017; Board of Adjustment for a five -year term, January 1, 2013 - January 1, 2018; Public Art Advisory Committee for a three -year term, January 1, 2013 - January 1, Official Actions November 13, 2012 Page 7 2016; Senior Center Commission for a three -year terms, January 1, 2013 — December 31, 2015. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor announced no action would be taken on an appointment to the City Council Economic Development Committee alternate to serve in the absence of, or when a conflict of interest arises with, one of three Council Member appointees. Moved and seconded to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. (City Attorney, City Clerk City Manager) The Mayor declared the motion carried and adjourned into executive session 9:10 p.m. Moved and seconded to adjourn special meeting 10:00 p.m. A more complete description of Council Activities is on file in the office of the City Clerk. s /Matthew J. Hayek, Mayor s /Maririan K. Karr, City Clerk Submitted for publication — 11/21/12. Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES NOVEMBER 13, 2012 Iowa City City Council special meeting, 7:00 p.m. at City Hall. Mayor Hayek presiding. Council Members present: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. Absent: None. Staff members present: Markus, Fruin, Bentley, Dilkes, Karr, Davidson, Havel, Goodman, Boothroy, O'Malley. The Mayor proclaimed: Veterans Remembrance Day — November 11; Hunger and Homelessness Awareness Week — November 11 -17, Christy Canganelli, representing Local Homeless Coordinating Board, accepting. The Mayor presented Outstanding Student Citizenship Awards to Shimek Elementary students: Avery Shrader (unable to attend) and Andrew Andersen. Unless otherwise noted, all actions were affirmative and unanimous. Moved by Champion, seconded by Dobyns, that the items and recommendations in the Consent Calendar be received, or approved, and /or adopted as amended: Approval of Council Actions, subject to corrections, as recommended by the City Clerk: October 23 Council Work Session; October 23 Special Council Formal Official & Complete (x2). Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action): Ad Hoc Diversity Committee — October 15; Ad Hoc Diversity Committee — October 22; Airport Commission — September 20; Civil Service Commission — October 30; Housing & Community Development Commission — September 20; Planning & Zoning Commission — September 20; Planning & Zoning Commission — October 4; Telecommunications Commission — September 24. Permit Motions and Resolutions as Recommended by the City Clerk: (New) Class C Liquor License for Brixco, LLC, dba Brix,209 N. Linn St.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #51, 323 E. Burlington St.; Class E Liquor License for Kum & Go, LC, dba Kum & Go #52, 25 W. Burlington St.; Class C Liquor License for New Asian Food Corp., Inc., dba Rice Village. 223 E. Washington St. (Renewal): Class C Liquor License for The Pit Smokehouse, LLC., dba The Pit Smokehouse, 130 N. Dubuque St.; Class E Liquor License for Fareway Stores, Inc., dba Fareway Stores, Inc. #034, 2765 Commerce Dr.; Class E Liquor License for Fareway Stores Inc., dba Fareway Stores, Inc. #950, 2530 Westwinds Dr.; Class C Liquor License for Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112; Outdoor Service Area for Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill #1069, 201 S. Clinton St., Suite 112; Special Class C Liquor License for India Cafe Corporation, dba India Cafe, 227 E. Washington St.; Class C Beer Permit for Aldi, Inc., dba Aldi, Inc. #67, 1534 S. Gilbert St.; Class B Liquor License for POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St.; RES. 12 -463, TO ISSUE DANCE PERMIT to POSH Hotel, LLC, dba Clarion Highlander Hotel & Conference Center, 2525 N. Dodge St. Resolutions and Motions: RES. 12 -464, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 225 Complete Description November 13, 2012 Page 2 IOWA AVENUE, IOWA CITY, IOWA; RES. 12 -465, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH CORRIDOR STATE BANK FOR PROPERTY LOCATED AT 109 E. COLLEGE STREET; RES. 12 -466, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1026 FAIRCHILD STREET, IOWA CITY, IOWA; RES. 12 -467, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1822 ROCHESTER AVENUE, IOWA CITY, IOWA; RES. 12 -468, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA; RES. 12 -469, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 710 MILLER AVENUE, IOWA CITY, IOWA; RES. 12 -470, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 509 CHURCH STREET, IOWA CITY, IOWA; RES. 12 -471, ACCEPTING THE WORK FOR THE 2011 PARKING RAMP REPAIRS PROJECT; RES. 12 -472, AWARDING CONTRACT to Metro Pavers, Inc. for $ 6,620,967.68 AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.)[STP -U- 3715(654)-- 70 -52]; RES. 12 -473, ACCEPTING THE WORK FOR THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT; RES. 12 -474, ACCEPTING THE WORK FOR THE BURLINGTON / US HIGHWAY 6 BRIDGES FLOOD REPAIR PROJECT [ER- 3715(642)- -8R -52 & ER- 3715(641)-- 8R -52]; RES. 12- 475, ACCEPTING THE WORK FOR THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT; RES. 12 -476, ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN, PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY -TWO, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE; RES. 12 -477, APPROVING THE FISCAL YEAR ENDING 2012 ANNUAL URBAN RENEWAL AREA REPORT; RES. 12 -478, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH LEPIC - KROEGER REALTORS TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE PARK; RES. 12 -479, ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE; RES. 12 -480, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY Complete Description November 13, 2012 Page 3 AND BETWEEN THE CITY OF IOWA CITY AND DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P. C. TO PROVIDE LOBBYING SERVICES. Public Hearings: Setting a public hearing on November 27, 2012 to receive public comments regarding an ordinance adopting the 2012 Edition of the International Fire Code with local amendments; RES. 12 -481, SETTING PUBLIC HEARING FOR NOVEMBER 27, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET; RES. 12- 482, SETTING A PUBLIC HEARING ON NOVEMBER 27, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PUBLIC WORKS - FUEL FACILITY PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Correspondence: Acting Traffic Engineering Planner regarding Removal of the existing passenger loading zone from the east side of the 10 block of S. Johnson Street — restoring normal odd /even calendar parking; Traffic Engineering Planner regarding Installation of NO PARKING 8 AM — 5 PM MON - FRI signs on the east side of the 400 block of 2 "d Avenue; Traffic Engineering Planner regarding Install NO PARKING HERE TO CORNER and NO PARKING CORNER TO HERE signs on the north side of River Street to the east and west of the intersection with Magowan Avenue; Melvin Lorenzo Kelly regarding Homelessness, Housing Authority and HUD; James J. White (x2); Michael Crawford; Marilyn Rosenquist; Cindy Roberts; Kurt Kimmerling regarding Taft Speedway Floodwall (Levee); Hany Hamza x2 (Red Line owner), David Tiet (Big Ten - Aardvark owner), Mark Paterno (Marco's owner), Roger Bradley (Yellow Cab manager), Mohamed Hassanein (Five Stars owner); Aric Hopkins, (Old Capitol Independent owner) regarding Taxicab Issues. [Staff response included]; Melvin Lorenzo Kelly regarding Hurricanes and Tornadoes; Del Holland Audrey Wiedemeier, Sheldon Baker regarding Sharrows on Gilbert St.; Christina Canganelli and Carrie Norton regarding Appreciation for City Channel 4's Community Programming Division and Ty Coleman; Janice Horak regarding appreciation for community event funding for Community String Orchestra; Matt Ohloff regarding Food & Water Watch; David Kimm Fesler regarding Fesler; Howard and Jo Hensch regarding Support of Senior Center; Michael Haring regarding Iowa City Juvenile Curfew Ordinance; Melvin Lorenzo Kelly regarding Poverty in America 2013; Brian Loring regarding Thank you for Think Bicycles. Linda Watkins, 2017 Rochester Avenue, appeared requesting a policy for an exception for sewer charges during extreme drought conditions. Moved by Mims, seconded by Payne, to accept correspondence. Kelli Schneider, 3201 Raven St., appeared requesting parking be restricted to one side of Raven Street. Moved by Throgmorton, seconded by Dickens, to accept correspondence. Mary Gravitt, 2714 Wayne #6, appeared regarding transit concerns. Moved by Dobyns, seconded by Payne, to set a public hearing for November 27 on an ordinance conditionally rezoning approximately 1.02 acres of land located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential(RS -5) to Low - Density Multi - Family Residential (RM -12) (REZ12- 00025). Complete Description November 13, 2012 Page 4 A public hearing was held on a resolution amending the Comprehensive Plan to change the future land -use map designation from Office Research Park to Low - Density Multi - Family Residential (8 -16 dwelling units per acre) for a 27 -acre area bounded by Camp Cardinal Road to the east, the Cardinal Pointe South Subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the west, subject to the text of the plan noting that environmentally - sensitive areas and limited street access may result in development at a lower density (CPA12- 00003). PCD Dir. Davidson presented a power point. Individual Council Members expressed their views. Moved by Payne, seconded by Dickens, to adopt RES. 12 -483, AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND -USE MAP DESIGNATION FROM OFFICE RESEARCH PARK TO LOW - DENSITY MULTI- FAMILY RESIDENTIAL (8 -16 DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA BOUNDED BY CAMP CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE SOUTH SUBDIVISION ALONG RYAN COURT TO THE NORTH, AND CAMP CARDINAL BOULEVARD TO THE WEST, SUBJECT TO THE TEXT OF THE PLAN NOTING THAT ENVIRONMENTALLY - SENSITIVE AREAS AND LIMITED STREET ACCESS MAY RESULT IN DEVELOPMENT AT A LOWER DENSITY. A public hearing was held on a resolution amending the Central District Plan to change the land -use designation from Low to Medium Density Multi - Family to Single - Family and Duplex Residential for properties located at 905, 909 and 911 North Governor Street and a property between 906 North Dodge Street and 910 North Dodge Street (CPA12- 00004). PCD Dir. Davidson presented a power point. Mike Wright, 225 N. Lucas, appeared. Individual Council Members expressed their views. Moved by Payne, seconded by Dobyns, to adopt RES. 12 -484, AMENDING THE CENTRAL DISTRICT PLAN TO CHANGE THE LAND -USE DESIGNATION FROM LOW TO MEDIUM DENSITY MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX RESIDENTIAL FOR PROPERTIES LOCATED AT 905, 909 AND 911 NORTH GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH DODGE STREET AND 910 NORTH DODGE STREET (CPA12- 00004). A public hearing was held on an ordinance amending the Planned Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022). PCD Dir. Davidson presented a power point. Steve Gordon, AM Management appeared. Individual Council Members expressed their views. Moved by Champion, seconded by Payne, that the ordinance amending the Planned Development Overlay Medium - Density Single - Family (OPD -8) plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD Plan for property located at Whispering Meadows Drive and Pinto Lane (REZ12- 00022), be given first vote. A public hearing was held on an ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023). The Mayor requested Council Members to disclose any ex -parte communications. Mayor Hayek and Council Member Dobyns reported. PCD Dir. Davidson presented a power point. Individual Council Members Complete Description November 13, 2012 Page 5 expressed their views. Ben Porush, representing Three Diamond Development, appeared. Moved by Payne, seconded by Mims, that the ordinance conditionally rezoning approximately 1.38 acres located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20) (REZ12- 00023), be given first vote. Individual Council Members expressed their views. A public hearing was held on an ordinance amending Title 14, Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens. The Mayor announced that comments related to item # 9, amending the City Code to establish a permit process for urban chickens, would be considered with this item. The following individuals appeared: Shannon Gassman, 741 S. 7th Ave.; Jay Honohan, 1510 Somerset Lane; KT Labadie, 708 Woodside Dr.; Kathy Dumont, 1829 F St.; Don Anciaux, 2119 Russell Dr., Katie Imborek, 408 MacBride Rd.; Rachel Gold; Jack Conklin. Moved by Mims, seconded by Champion, to accept correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, and Brian Richman. Moved by Dobyns, seconded by Mims, that the ordinance amending Title 14, Zoning Code, Article 4C, Accessory Uses and Buildings, to allow for the keeping of chickens as an accessory use to single family detached uses and to reference standards for structures for the keeping of chickens, be given first vote. PCD Dir. Davidson present for discussion. Individual Council Members expressed their views. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Throgmorton, Champion, Dobyns, Hayek, Mims. Nays: Payne, Dickens. Moved by Mims, seconded by Payne, that the ordinance rezoning 1.1 -acres of land located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community Commercial (CC -2). (REZ12- 00020), be given second vote. The Mayor requested Council Members to disclose any ex -parte communications, and none were reported. Moved by Mims, seconded by Payne, to adopt RES. 12 -485, APPROVING THE FINAL PLAT OF ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA (SUB12- 00011). A public hearing was held on a resolution authorizing conveyance of a single family home located at 2538 Nevada Avenue. Moved by Throgmorton, seconded by Payne, to adopt RES. 12 -486, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE. A public hearing was held on a resolution authorizing conveyance of a single family home located at 656 South Lucas Street. Moved by Champion, seconded by Dickens, to adopt RES. 12 -487, AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS STREET. Moved by Mims, seconded by Dobyns, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," to establish a permit process for urban chickens, be given first vote. The Mayor announced that comments related to item # 6f, amending the City Zoning Code for structure for keeping urban chickens, would Complete Description November 13, 2012 Page 6 be considered with this item. The Mayor declared the motion carried, 5/2, with the following division of roll call vote. Ayes: Hayek, Mims, Throgmorton, Champion, Dobyns. Nays: Payne, Dickens. Moved by Champion, seconded by Mims, to accept correspondence from: Jay Honohan, KT Labadie, Tami Shaw, David Germann, John Kammermeyer, Diane Schweer, Geoff Lauer, Bob Elliott, Jim and May Lou Maynard, Paula Swygard, Shams Ghoneim, Bill Meredith, Jim Maynard, Brian Richman. Moved by Champion, seconded by Payne, that the ordinance amending Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control" and Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," and Chapter 9, entitled "Parks and Recreation Regulations," to allow dogs in City Plaza, to prohibit dogs in sidewalk cafes, and to allow dogs to be off leash in all dog parks, be given first vote. Asst. to the City Manager Fruin presented information. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, that the ordinance amending Title 3, Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties, Section 3, Potable Water Use and Service, Section 4, Wastewater Treatment Works User Charges, and Section 5, Solid Waste Disposal, to increase the deposit for utility accounts; amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 5, establishing city utility accounts; deposits required, to hold deposits until accounts are closed; and amending Title 16, Public Works, Chapter 3A, City Utilities — General Provisions, Section 6, Billing and Collection Procedures; Delinquent Accounts, to ensure the imposition of liens conforms to State Code, be given first vote. Moved by Champion, seconded by Payne, that the ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled, "Use by Mobile Vendors," to change the duration of a mobile vending permit from one year to three years and to limit the ownership interest to three carts, be given first vote. Moved by Mims, seconded by Payne, to adopt RES. 12 -488, ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 10 -67. Moved by Payne, seconded by Dickens, to adopt RES. 12 -489, AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, LOCAL #610, TO BE EFFECTIVE JULY 1, 2013 THROUGH JUNE 30, 2016. Moved by Champion, seconded by Payne, to adopt RES. 12 -490, DIRECTING SALE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D. Finance Dir. O'Malley present for discussion and distributed updated documents. Individual Council Members expressed their views. Moved by Mims, seconded by Payne, approving Continuing Disclosure Certificate. Moved by Payne, seconded by Mims, to adopt RES. 12 -491, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS. Complete Description November 13, 2012 Page 7 The Mayor noted the previously announced vacancies for Boards and Commissions: Airport Zoning Brd of Adjustment for a five -year term January 1, 2012 - December 31, 2016 (New full term); Airport Zoning Brd of Adjustment for a five -year term January 1, 2009 - December 31, 2013; Airport Zoning Commission for a six -year term January 1, 2010 — December 31, 2015; Airport Zoning Commission for a six -year term January 1, 2012 — December 31, 2017 (New full term). Applications must be received by 5:00 p.m., Wednesday, November 28, 2012. The Mayor noted the current vacancies: Parks and Recreation Commission for two vacancies to fill four -year terms, January 1, 2013 — January 1, 2017. Due to a publication error, the vacancies will be readvertised and applications will be accepted until December 12th and appointment deferred to December 18th. Applications must be received by 5:00 p.m., Wednesday, December 12, 2012. Moved by Mims, seconded by Dickens, to make the following appointments: reappoint Andrew French, 531 1St Avenue, to the Board of Appeals for Licensed Plumber or a qualified trade representative - December 31, 2017; reappoint Harry Olmstead, 1951 Hannah Jo Court, and appoint Joe Coulter, 1818 N. Dubuque Street, and Katie Anthony, 23 Wakefield Court, to the Human Rights Commission to fill three - year terms, January 1, 2013 — January 1, 2016; reappoint Charles Felling, 825 South 7th Avenue, and appoint Kathy Mitchell, 722 Iowa Avenue, to the Senior Center Commission to fill three -year terms, January 1, 2013 — December 31, 2015. The Mayor noted that no applications were received and /or gender balance requirement not met for the following vacancies and all will be readvertised: Board of Appeals for one Home Builders Association Representative; if after 3 months no professional applies or is appointed, to fill five -year terms January 1, 2013 - December 31, 2017; Board of Adjustment for a five -year term, January 1, 2013 — January 1, 2018; Public Art Advisory Committee for a three -year term, January 1, 2013 — January 1, 2016; Senior Center Commission for a three -year terms, January 1, 2013 — December 31, 2015. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] The Mayor announced no action would be taken on an appointment to the City Council Economic Development Committee alternate to serve in the absence of, or when a conflict of interest arises with, one of three Council Member appointees. Council Member Throgmorton reminded the public the Ad Hoc Diversity Committee information gathering session from 6:00 -8:00 p.m., Thursday, November 15, at the Iowa City Public Library on transportation and law enforcement issues related to minority populations; and announced he would be holding a listening post on November 15, from 8:00 to 10:00 a.m. at Bruegger's Bagel Shop on Riverside Dr. Council Member Champion noted that the end of daylight savings time, and return to standard time, creates a longer evening and urged bicyclists to use lights and reflectors. Mayor Pro tem Mims noted the correspondence received regarding the shallows on Gilbert Street and urged staff to consider ways to educate citizen on the differences between shallows and bicycle lanes. Council Member Dickens wished his wife a Happy Birthday on November 14. Individual Council Members expressed best wishes. Complete Description November 13, 2012 Page 8 Council Member Dobyns noted the wonderful community project, sweaters on downtown street trees, and encouraged everyone to take a look at the tree sweaters. City Manager Markus announced that the City had received a $150,000 Great Places grant for the Burling Street dam white water rapids project. Council Member Throgmorton noted that the City had also received an award from the Iowa American Planning Association recognizing the UniverCity program. Moved by Throgmorton, seconded by Payne, to adjourn to executive session to evaluate the professional competency of individuals whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individuals' reputations and those individuals requested a closed session. (City Attorney, City Clerk City Manager) The Mayor declared the motion carried and adjourned into executive session 9:10 p.m. Council returned to open session 9:59 p.m. Moved by Payne, seconded by Mims, to adjourn special meeting 10:00 p.m. Matthew J. Hayek, Mayor Marian K. Karr, City Clerk